e. call... to talk to an insurance expert about everything else that comes standard with our base auto policy. and if you get into an accident and use one of our certified repair shops, your repairs are guaranteed for life. call... to switch, and you could save hundreds. ♪ born to make mistakes liberty mutual insurance. responsibility. what's your policy? >> bret: finally tonight, the man called the toughest sheriff this america, joe arpaio is gun related school violence. controversial suggestion to add armed possies of volunteers to guard phoenix area schools is starting to look like it actually may take effect. you may be surprised to find out who is leading the training exercises. volunteer possies are getting top notch training. >> these volunteer officers are running through drills led

by hollywood actor stephan is he gull. segull. >> yeah, stephan seagal. >> i put hundreds of hours into my weapons training. >> that's right, millions of hours. [ laughter ] i know a million hours is technically 115 years. [ laughter ] which sounds crazy but then again so does asking stephan is he gull to train your possiey. >> "special report." fair, balanced and unafraid. tonight in southern california, key cop killer chris dorner really dead? we may find out moments from now. the san bernardino sheriff's office set to update us live any minute.

>> i saw some movement in the trees and it was christopher dorner. he planted -- pointed his big rifle at me. >> shepard: then a shootout in the woods. and another officer down. >> this is a very difficult day for law enforcement. >> shepard: now, a body burned in a cabin and the hope that the days of murder and fear are finally at an end. thousands of passengers stranded on a carnival cruise ship after a fire and some telling of all of scenes inside. >> no one here from carnival is happy about the conditions on board the ship. >> tonight, stories from the ship and why a rescue mission at sea is not an option. plus, meet the king of the westminster dog. >> smooshed in face monkey like somebody else called him and now best in show. >> tonight, big win for banana joe.

but first from fox this wednesday night, the future of the catholic church and the pope's final scheduled public plays. it is now just 1:00 a.m. on thursday morning here in rome. and you can see the dome of st. peters basilica over my soldier. stretching more than 450 feet into the air it was under that dome that pope benedict xvi presided over ash wednesday services on the first day of lent. >> earlier the 8 a-year-old pontiff told whopperrers he is resigning his ministry for the good of the church. of those came forward to receive ashes on their head the need to repent. tourists gathered to watch history unfold. >> in 600 years it hasn't happened so to be here it's quite special. >> our teacher started explain it to us that it had happened since 1415.

i didn't even know a pope could resign it was like shocking. >> shepard: on monday, pope benedict said he will step down at the end of this month because is he just no longer strong enough to perform his duties. we expect to see him at least a couple more times before that happens. and we will have much more on the pope and the process of choosing his successor coming up inside fox report. but, first, a fox urgent. we are right now waiting for a news conference to begin on the case of christopher dorner. and confirmation of whether the burned body police found inside that charred cabin last night is that of the accused cop killer who put southern california on great edge. an official tells the associated press that somebody found chris dorner's driver's license in the basement of that burned out cabin in big bear. we don't yet know what condition it's in. dorner, a one-time police officer, accuse much -- accused of a nine day rampage left four people dead and two others hurt. investigators had tracked him to big bear east 80 miles east

of los angeles. yesterday he apparently ran into mother and daughter housekeepers at a cabin there. the "l.a. times" reports that he tied them up and left. but one of them escaped and called 911. as police searched for him, a man says dorner carjacked him at gunpoint. >> he said i don't want to hurt you. just get out and start walking and take your dog. and i said okay. can i get her leash? and he said no. just start walking and that's whether a i did. >> he said that's -- he said dorner was wearing camouflage, packing a big rifle, quote, dressed to do some damage as he put it. investigators say that suspect crashed the guy's truck and got into a gun fight with police and deputies killing one of them. casey in los angeles, local reporter carter evans reported some -- recorded some of that shootout. [explosions]

>> carter evans was not hurt. investigators say dorner then barricaded himself inside this cabin officers report they heard a single shot from inside before the whole thing went up in flames. now the corner's office is working to confirm whether the body investigators found inside the basement there is really that of the accused killer chris dorner with that we begin team fox coverage william la jeunesse on dorner's victims and why nobody may get to collect that million-dollar price tag on his head. we are waiting for the news conference to begin. we're told moments from now and while we wait to trace gallagher in los angeles who led our coverage as it all went down this time last night. trace, how long until we get confirmation here. do we know? >> well, we know, shep, that the body was found in the burned out basement, and they are trying clearly to expedite this process. but the condition of the body at this point in time still remains unclear so they can go about this a few different ways. if they can use fingerprints to identify the body, that would be the fastest. dental records would take a

little bit longer. and then using d.n.a. would take the longest. but police say that dorner's family, whatever happens, they will be involved in this identification process. listen. >> i will tell you that in most identification cases, the families of the deceased are very much a part of that. and so they -- the coroner's office deals with that. and they seek whatever type of information can assist in that identification. >> again, authorities did find dorner's california driver's license in the basement along with his body. and they say they were able to read his name on the license but still unexplained is how the license made it through that inferno. shep? >> trace, this time yesterday, we were all trying to figure out how this fire might have started. the tear gas canisters or dorner himself said it. do we know yet? >> well, first thing they did was started smashing out the windows of the cabin and launching in ordinary tear

gas. and as they did that they were using bull horns to announce to have the suspect surrender. that didn't work. then they began using i object send area tear incendiary tear gas. more toxic and more likely to start a fire. then using demolition unit to knock down the walls of the cabin they went wall-to-wall as one officer said to peel that cabin back like an onion. that's when it they heard that gunfire. fire engulfed the cabin. they launched the tear gas in originally because they were under a barrage of bullets. listen to the scanner traffic at that time. >> be advised so in a gun fight with him right now at the tim oaks cabin >> you heard him say in 20

minutes, in all this standoff lasted for some four hours. and about 15 minutes prior to that cabin being engulfed, that's when they actually started seeing the flames. shep. >> shepard: trace, we have just gotten word that the news conference is about to begin. have we gotten heads up about the kind of information we are go about to get? >> here is what we want to know. we want to know first and foremost if in fact they have identified christopher dorner as being the body. clearly, they believe that christopher dorner is the man who was found inside that cabin. but, until there is certainty, what they plan to do is keep the enforcement around those l.a.p.d. officers who were listed in that manifesto. remember, there were some 40 officers. this is a huge strain on the l.a. police department because you have got hundreds of officers that are protecting those who were named that still might be in danger. this is just standard protocol to do because they don't know because this guy is so allusive if, in fact, that he might have snuck out of this barricade they had on there.

that it's highly highly unlikely, shep. they are not taking any chance right now. number two, they want to find out, answer the questions about what we just talked about. why the decision to go with the tear gas? they had time. why didn't they wait it out? did they feel like that barrage of bullets they were under was simply too much? they had already, remember, the suspect chris dorner had already shot and killed one deputy. shot and wounded another. and was the feeling that they had to go in then and then finally make this thing over, you can see the sheriff is talking right now, shep. we should listen in. >> the suspect vehicle. the white pickup truck as well as dorner. the deputies were able to locate the vehicle crashed, and he -- dorner fled into a vacant cabin. as the deputies were arriving. we believe suspect dorner began firing and ambushed our deputy sheriffs that were responding. two of our deputy sheriffs

were struck by gunfire. one of which was severely injured. deputy alex collins. he is currently at the hospital being treated. he went through a couple of different surgeries. i just spoke to his wife. he is in good spirits, and should make a full recovery after a number of additional surgeries. unfortunately, our other deputy, detective jeremiah mckay was pronounced deceased at 2:24 p.m. yesterday at the hospital. detective mckay is 35 years old. and has been a member of our department for 15 years. he is married and has two children. a 7-year-old daughter and a 4 month old son. he is presently assigned to the ukipa station but also a detective at the big bear station. my sincere condolences go out to the mckay family. this is truly another sad day

for law enforcement. our department is grieving from this event. it's just a terrible deal for all of us. the folks that are up here with me as well have also been dealing with this suspect's behavior over the last week. we believe that this investigation is over at this point. and we'll just need to move on from here. i will tell you that the deputy sheriff that responded to this active shooting scene yesterday are absolutely true heros. there were rounds being fired as you saw on some of the news coverage was absolutely incredible. it was like a war zone. and our deputies continued to go in to that area and try to neutralize and stop the threat. the rounds kept coming but the deputies didn't give up. our deputy sheriffs are some true heros. they are highly trained and i will tell you that i'm proud to be a member of this department. and our deputy sheriffs did a

great job yesterday. thank you. any questions? >> you can confirm the -- you can confirm that it is mr. dorner, his remains that was found in that cabin last night? >> i cannot absolutely positively confirm it's him. the suspect we were following and also had stolen the vehicle matched his description. his behavior based on our deputy's interaction with him inside the vacant cabin was con sis twentd mr. dorner's activity prior to and we're not currently involved in a manhunt my any longer longer. our coroner's division is trying to work on confirming identity through forensics and we should know that soon. >> there are lots of questions about how the fire started at the cabin whether that was on purpose by the sheriff's department to set it ablaze was something that happened as a result of the tear gas that was fired in there.

can you explain how that transpired? what happened? >> i can tell you it was not on purpose. we did not intentionally burn down that cabin to get mr. dorner out. the tear gas canisters that we used first off we used a presence when we showed up. secondly we used a cold tear gas. then we used the next tear gas was that that was pyrotechnic, does generate a lot of heat. we introduced those canisters into the residence and a fire erupted. >> i mean, there was some chatter that was caught, i guess on scanner and everything about a burner. and i don't know what that is. can you explain what a burner is? >> the pyrotechnic type canisters are commonly referred to as burners. >> you can talk about -- >> entire time this manhunt, command post and that what this particular cabin search, deputies and law enforcement were conducting [inaudible] >> i'm going to ask deposit it at this chief kovenski who was

heading up the door-to-door search in big bear to answer that question for you. >> good afternoon. during the initial phases of this investigation on thursday, after his vehicle was found, that is dorner's vehicle was found, we did an extensive search of that area. about 80% of the cabins in that area are part-time cabins. we went to each cabin. if there were no signs of break-in or no open doors, we then noted it and moved on to the next cabin any other questions? >> do you know if any of your deputies knocked on the door of that cabin or attempted to contact the residents inside. >> all those cabins in that particular area we sent teams of deputies out to check to see if it there is any. >> tell us about what happened that morning? lots of questions about whether he was in that condo

for days. hours, and if you know that number one and what happened to the people that were in there before he stole the first car? >> i don't believe there were anybody in there on thursday. at the start of the investigation. we donwas anybody in that cabin. that is somebody that either a rental or the owner. >> was any -- did you guys find weapons in either the burned out cabin or the one that he he had been staying in? any sort of personal belongings that have linked -- you can talk about that? >> some of these things are still preliminary, and as the investigation moves forward. we have more information regarding those things. >> belongings have found though in that cabin with him? >> as i said, some of that information will become available at the conclusion of the investigation. >> cabin on thursday. when do you believe he made entry into the cabin? >> i would imagine that it could have been thursday but i'm telling you at the time there was nobody renting that cabin. >> did you tell. >> entry at that cabin?

>> we did not find any forced entry. >> do you believe that he picked that cabin because it was close to where staging was or the press conferences were happening? do you believe he was planning another attack or the shootout just happened because he got scared? >> you know, at this point that would be speculative and we'll comment on that later as the investigation. >> spoke to individuals in that neighborhood who said that no one ever knocked on their door. people who lived there. that cabin was a vacation rental. the people who were cleaning it to rent it out this weekend just surprised mr. dorner there. it doesn't sound like -- it doesn't sound like you guys were there, you know, and completely cleared that area. >> i can tell you that the cabin in question had not been rented out since february 6th. and as i said, there was an extensive search in that area of the cabins. okay. thank you. >> >> please understand that there is an ongoing

investigation and many of your questions will be answered at a later date. >> we are not going to be taking any further questions at this point. made during this press conference update to the department web site as well as sending updates via email. i would like to thank you all for coming to our press conference. thank you once again. that concludes the press conference for today. >> sheriff, was there any offer from dorner to surrender. >> can anyone speak as to whether he had any actual tactical ability that he bragged about? >> shepard: there you go as we put at the bottom of the screen they can't confirm that it's the body of christopher dorner. but they seem certain in that there is no more manhunt. there -- they are as positive as they can be without the medical examiner saying we are 1 hurexz% sure.

yoifers license, search is over. >> it's worth noting by way of nothing else but information that there are a number of people along the way who could have been killed and weren't. the boat person when he was down in san diego and was going to steal the boat. the guy whose car he ambushed and the two maids but for the escape of the two maids, who knows, this might still be going on. i certainly don't know. >> and he came in contact with other people along this four-journey before he went missing, shep. yeah, he said in his manifesto that he wanted to kilt l.a. police department members and their families and, according to police, he made good on the first threat, killing the daughter of the man and the fiance of the man who represented him during the hearing that eventually got him fired. so he did stick to stay saying he wanted to clear his name and kill those people who he believed ruined his name saying loosely again, quoting here. that you know, he never had a

chance to have a family and now he was going to take away their family and that was kind of his mission. i just want to kind of point out a couple of important things that came out oof that press conference. the news conference was, you know, we talked about that initial condominium or cabin that the maids were tied up in. it's unclear exactly how long christopher dorner was inside that cabin. i mean, he may have been there the entire time. and as we will show you later, that cabin was overlooking the actual police setup. i mean, they had the command post set up there in the parking lot of the ski resort and the balcony of that cabin looked over that command post and he said in his vendetta that he wanted to target command posts. they were ripe targets. we should also point out that police say they tried to knock on all the doors in those areas, and if there was no answer, and there was no sign of forced entry, then they moved on. and that's the question here is how did he get inside that cabin if he didn't break his way in and did police really check it? and then they are also saying, shep, about the fire looking

at there is they did not intentionally start that. they used cold tear gas at first. then incendiary tear gas or burners as they call them and that's what eventually started the fire. their goal wasn't to burn him out. their goal was to have him walk out. didn't turn out that way. shep? >> shepard: certainly didn't. trace gallagher live with us tonight. appears tonight it is over. checking into whether dorner may have had an accomplice. go back to big bear lake for update on and this on the targets he named in his manifesto. plus, on board a ship of horrors. a carnival cruise ship dead in a fire after a fire. it sounds like refugee camp. brutal heat. hear from them next. [ dad ] find ?

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>> shepard: that broken down carnival cruise ship with no

power, no airconditioning, and sweltering days and nights, barely any working toilets finally headed to shore. unfortunately for the thousands of miserable passengers and crew who were stuck in the hot, filthy stinking ship, they won't be arriving at port until tomorrow afternoon. according to the reporting of the coast guard, tug boats are now towing the carnival triumph, insert your joke here. engine fire knocked out most of the ship's electricity. raw sewage reportedly flooded the hallways on board. carpets said to be soaked with urine. reportedly so hot in the boughs of that ship passengers have been sleeping in the hallway and the deck. there is a food shortage. folks have been eating onion sandwiches. today on "studio b," the extraordinary story from two moms, each who has a young daughter on the ship. telling us about a hellish ordeal. >> my daughter called me the same time that mary's daughter had called her. and i could hear rebekah just

crying and screaming on the other end of the phone. my daughter was crying mommy, i want to come home. please just come get me. come take me home. please just be there to come pick me up. please, momma, i want to go home. it's so hot. it's so hot, that, please come get me. >> bill: those moms say they drove all night to mobile, alabama, so they could meet their daughters on the dock. they even brought antibiotics for the girls just in case. casey stegall is live with more. casey, the carnival is now upping the compensation these poor passengers will receive or that's my understanding. >> yeah, shepard. you are exactly right. let's go through the run down of what they are going to get. reimbursed fully for this voyage no brainer. all on board purchases is going to be waived unless it was art or money spent in the casino or gift shop. a future credit for the amount they shelled out for this nightmare of a trip. and now word tonight 500 bucks in cash per passenger. >> let me assure you that no

one here from carnival is happy about the conditions on board the ship. and we obviously are very very sorry about what is taking place. there is no question that conditions on board the ship have very challenging. >> carnival saying it is simply too dangerous to send another ship out because there are so many people to rescue and the waters are so rough out in the gulf of mexico, shep. >> shepard: yeah, the gulf of mexico known to be horribly rough. what happens when they dock, casey? >> well, they have got a couple of options. they can overnight in a hotel. there is just one caveat. they have got to drive two and a half hours to new orleans to make that stop in a hotel by motor coach. and also, they can go straight home if they would like. but they have got to catch a charter bus to houston amir seven and a half hours away. planes are on stand by for friday but the passengers will be flown to houston and then drive 30 miles south to galveston where this whole

adventure started, shep. >> shepard: yeah i will say adventure. casey stegall live with us tonight. thank you. while investigators were looking for an accused cop killner california, the former navy marksman may have been watching them. the reporters covering the manhunt as well. >> news crews were staying within feet of the cabin and also within view the daily press briefings. >> we'll take you to the cabin where cops apparently got their man. plus, there is word tonight that two of the nation's largest airlines will tomorrow announce a merger. one that would be a union between american airlines and u.s. airways. what would that mean for fliers? prices going up, that's coming up as fox reports live tonight from rome. [ male announcer ] this is a fire

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>> shepard: just into fox news word tonight that the world's largest airline is a done deal. likely meaning fewer seats and higher prices for all of us. rejoice. according to the reporting of the "wall street journal" which our parent company owns. the boards of american airlines and u.s. airways have at last approved a long room rumored merger. gerri willis with idi tails from new york city. this is just in. what do you have that i don't have? >> $11 billion deal. boards are said to have approved this already. we will find out tomorrow morning if that's true. i suspect it is.

it's been rumored about a year. remember, american has been in bankruptcy for some time. creditors had been pushing for this deal. they want to get paid. as you said, this will make the biggest airline we have already had four major airline mergers since 2005. i have got to tell you this is the way of the world in airlines you can bet there are going to be big impacts for consumers. >> i would say usually in these mergers, history tells us employees lose and passengers lose. let's talk about the people buying the tickets. likely overtime those prices for tickets will go up because we are going to have less competition. down size or eradicated all together. a loss of some service in some smaller destinations. now, the prize, what the airlines like to compete for, that's a frequent fliers who are really profitable. they will be treated well and they will probably merge to

americans frequent flier program. they are expected to go to the one alliance program. that means frequent fliers to the rest of us not so much. i have to till, not good news for people who want to travel by air because it's taking competition out of the system. and increasingly you will have fewer and fewer players to get into some of those markets. and bid prices down. we'll have to wait and see. tomorrow is going to be a critical day for this merger. but i expect this long rumored merger will be tomorrow and i guess we'll just have to wait and see what happens to prices. shep, nothing will happen to you before you get back from rome though. that's my expectation. >> shepard: those tickets are already bought. but i remember when delta and northwest merged. delta made all these promises we will not cut roots. no, your nonstop to memphis will no go away. not true. it's a fact it did not happen though they said it would. another fox urgent coming in now. we have just gotten. this investigators in big bear, california, say they cannot 100% confirm the

remains found in that burned out cabin are those of the accused cop killer christopher dorner. make no mistake they're all but certain. they do say they are no longer involved in a anive manhunt. down to getting reports from the coroner's office. and that's coming. believe dorner died there after he he tied up hostage. carjacked and crashed a truck and got into a shootout with the cops yesterday. again, we are still waiting for confirmation. adam housley is with us live at big bear lake this afternoon there. you checked out the scene where investigators say the suspect was hiding, right? >> yeah, shepard. we he had a chance to basically go right up to the front door. we couldn't go inside, of course. they are trying to figure out how long he has been there. you have got believe they have some indication how long that was. of course, they are not passing that along to us. when we went to that front door and walked up just really feet away from a lot of the press briefings were held. this is what we found. >> it's a short hike from where his truck was found burning. the theory is christopher dorner made his way through these woods amongst these cabins and in unit 203.

here the cleaning lady bumped into him after several days authorities believe. there is even a screen off the back window. what's also interesting is news crews were staying within feet of this cabin and also within view the daily press briefings. >> once again, shepard, they are trying to figure out how long he had been there you have got it believe they do have an idea. they have already done a lot of the investigation there, shepard. it's going to be interesting to see what they come up with and what they eventually tell us how long he was there. >> it really will. >> we kept hearing during the course of the investigation that police were looking into whether dorner might have had an accomplice. is there anything firm on that? >> nothing firm yet. but, you know, they are going to look in that apartment as well. did they have someone calling him and giving updates. did he have a family member or friend that might have been able to provide him some sort of information. all of that is part of this investigation. in that apartment we'll probably have clues whether or not he was in touch with somebody or if someone helped him get inside that location, shepard. >> shepard: i can tell you

that the cabin in question had not been rented out since february 6th. and as i said, there was an extensive search in that area of the cabins. >> that was deputy chief steve kavenski asked directly whether he got helped inside that cabin if that cabin had been knocked on or any signs of forced entry. all we found was a screen off the back window. >> shepard: adam housley at big bear lake. adam good of you. l.a. police department has returned to normal operations they tell us according to a spokesman there. that spokesmanned as protecting some of dorner's targets. adding when the lives of your family are placed in jeopardy and threatened with death, that's quite something to deal with. and today family and friends mourned one police officer who did not make it out alive. [bagpipes] >> shepard: honor guard carried the victim's coffin to

funeral services in riverside, california, outside of l.a. that's where officials say that the ondoing officer michael creen was waiting at a traffic light last week when the suspect pulled up next to him and started firing away. they say officer had no time to react at all. the gunfire killed him and wounded his partner. los angeles police department headquarters. an emotional day there for law enforcement. how can it not be, william? >> well, shepard, you know, for all the bravado and indignation in dorner's manifesto. cops say ambush burned down. crane was unaware and virtually defenseless when dorner pulled up up that stoplight and fired today. the department, the governor, 7,000 others gathered in riverside to pay their respects to a man described as selfless, loyal and loving husband and father who leaves

behind 10-year-old son whose baseball team he coached and 4-year-old katelyn with whom he took to dance class every week. his wife regina who said her life was like a fairy tale, only real. >> that's how it was with us. every day got better. every day we rethatrenewed our love. i knew how much he loved me and how much he loved those babies. >> san bernardino released the photo. deputy who also confronted dorner yesterday. >> some questions about the-million-dollar reward that the mayor had mentioned. is anybody going to get that cash? >> technically there is that million dollars out there. you would think either the cleaning lady who called 11 or the carjacker who called the deputy might be eligible. but there is some language in there that requires that, i'm quoting, the capture and

conviction of dorner, not his death that's not up to l.a.p.d. we don't know if the city attorney considers any wiggle room in the terminology or language of that contract, shepard. >> shepard: we will find out soon enough i'm confident. william la jeunesse outside l.a. police headquarters. william, thank you. a speeding car hits a woman and a toddler and surveillance cameras capture the dramatic hit and run. that tops our news around the world in 80 seconds. united kingdom. police still searching for the driver just released video of the incident from back in december in central england. the woman and her nephew were crossing the street when a car going on the wrong side of the road suddenly plowed into them. the driver, who had been trying to pass another car kept going. one witness gave chase. others rushed to help the woman and killed. they somehow escaped with minor injuries. bolivia, torrential rains triggered widespread flooding

around the capital city. some rivers burst their banks. the rushing water collapsed homes, destroyed roads and crops and covered parts of the city in mud. more than a dozen people have died since rainy season began in november. united arab emirates. tourists from around the world gathering north of dubai for a massive light festival. it featured 3-d displays and animations projected on the sides of architectural land marks. many areas highlighted the rich tradition. india. a ter'ran tran -- it was fully functional eye lids and periodically roars. that's a wrap on this fox trip around the world in 80 seconds. >> top contender for a key

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immigration bill in the next few months. but some republicans say border security has to come first. doug mckelway live on capitol hill. what's the thinking about the chances of this immigration plan actually passing? >> pretty good from what we are hearing, shep. it has a broad bipartisan support and appears to be

moving along quite well. that said, the president wants everybody to get this thing done before the august recess, the senate it if it does not happen ongoing with senate democrats. if they don't get it done by then, the president will introduce his own legislation which in all likelihood would not include border enforcement. a lot of republicans see that as a poison pill. that said, virtually everybody who is in attendance at today's hearing says that the immigration system today is broken and is badly in need of fixing including the woman who runs it. >> our immigration system is not just broken, it is hurting our country. the time to fix it is long overdo. and the way to fix it is with common sense comprehensive immigration reform. at today's hearing, the head of immigration and custom enforcement's union, described an agency which is demoralized. and he also said that they're

prohibited, the prohibited by management from performing even the most basic of immigration law new policies require that illegal aliens have a felony arrest, conviction or be convicted of three or more misdemeanors. so many illegal aliens with criminal convictions are also now untouchable. >> and in a remarkable statement, crane said he had absolutely zero confidence that the obama administration will enforce any immigration law in the future shep? >> shepard: isn't there immigration bill deadline set for august? >> yeah, it is set for august. keep in mind that the president has said that they need to move quickly on this thing. if they do not meet that august deadline. or at least try to get something achieved before the august recess. he is going to take this thing into his own hands. but, keep in mind that conservative republicans also have their own ideas. they are incensed. they are discussed with the fact disgusted with the fact

that border nonexistent in this administration. they is is a poison pill of their own. shep, that's called the filibuster. back to you. >> shepard: doug mckelway live on capitol hill. thank you. a crane has toppled on to a church filled with dozens of school children. that tops our news across america. virginia. as crews worked on the church roof, the truck attached to the crane's arm suddenly tipped over. two workers in the construction bucket slightly hurt when it landed on the roof. officials safely evacuated all 69 preschoolers. indiana. massive flames ripped through a storage building right next to a town fire department. crews battled the thing for hours. winds reportedly topped 40 miles per hour. the fire destroyed hundreds of rv's, boats, and vintage cars in the 135-year-old building. officials say the place collapsed after fuel tanks inside exploded. nobody hurt.

california. hundreds of thousands of dollars worth of pot, several weapons, and a baby alligator. that's what cops outside sacramento say they found after they witnessed a married couple make a suspected drug deal. officials took the baby gator to the humane society. cops busted the couple. also in the golden state, an artist giving seaside concerts preparing for his final show. he had been restoring this baby grand piano somebody gave him. he says it's too rusty to tune. he rolled it out to the beach. cops say with no permit he has to wrap up the act. he says on friday he will take the piano out to sea and light it on fire. and that's a fox watch across america. the nation's top dog stopped by our studios in new york this afternoon. we'll introduce to you ba nano joe, the winner of this year's

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>> shepard: new medal now for modern warfare. defense department officials confirmed things like drone strikes or cyber attacks. they say the distinguished warfare medal will recognize extraordinary achievement in such remote controlled operations. first combat medal since the broad star in 1944. like other medals troops won't is a to risk lives in combat zones to earn it. former top commander of u.s. forces in afghanistan is now out of the running for another powerful military job. fox news has learned that general john allen will not be the next supremed allied commander of nato.

ed henry broke the news tonight. is he live at the white house. what's the deal here, ed? >> well, good evening, shep. you will remember that he was in the news recently because of emails back and forth between the general, as well as tampa socialite jill kelly. the pentagon did an investigation into those emails. basically cleared him of any wrongdoing. none the less, i'm told tonight from a source close to general allen he didn't really want any of this messy business to coming up in a confirmation hearing before the senate. i'm also told the white house proximate pushed him aside. when i whether or not they pushed him out, they basically pointed me to comments today by defense secretary lay on panetta who did praise general allen but never said he he wanted him to be renominated be the supreme allied commander in europe. then he went on to to say this that basically suggested it was up to general allen whether he was going to step aside.

take lafn. >> my recommendation to him was take your time. you know, be with your family. think about what you need to do. i think your country will always find a way to make use of your great services. but you have got to make the decision as to what you want to do in the future. >> now, the president has obviously gotten john kerry confirmed as secretary of state. his cia director potentially john brennan hit some road blocks. bottom line they want to get some of these folks in place, shep. >> shepard: speaking of secretary panetta, the senate could vote this week on the president's pick to replace him. >> that's right. chuck hagel is in live to be defense secretary. he got through committee yesterday on a party line vote. republicans like lindsey graham are saying they may block this nomination unless they get more information from the white house about benghazi. the bottom line is senate majority leader harry reid is pushing forward though. he thinks is he going to get a floor vote on the nomination fry day. the white house is hopeful that ed hagel will clear that shep? >> shepard: ed henry at the white house tonight. thank you.

a little black fur ball was the big winner. top grog a breed a lot of folks didn't even know existed. >> best in show winner, with 137th westminster kennel club dog show the affenpinscher. >> you heard it the of a pen pin affenpinscher. that's a first for westminster. earlier today on jonathan hunt got a smoosh in face-to-face with banana joe. >> is banana joe like every other model sits around in doggy clubs and drinking the perrine that equivalent or is he more of a couch dog. >> he leads as much as possible a normal life when is he off the shows. but, you know, like a little athlete. he has to be certain regiment to keep competing. >> i guess now like other models is he a sleep around time. he he is a stud. >> exactly. retirement. that was his lpga last dog show. >> is he a stud. if you aren't impressed his

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